Title
Assisted Voluntary Return for Overstaying Foreigners
Law
Immigration Memorandum Circular No. Sbm-2015-011
Decision Date
Nov 3, 2015
The Bureau of Immigration establishes an Assisted Voluntary Return Program to facilitate the sustainable return of overstaying foreigners, allowing them to update their visas or voluntarily return home while addressing penalties and potential blacklisting based on their duration of overstay.
assisted return
immigration law
temporary visitor

Legal basis and governance framework

  • The Circular is issued pursuant to Commonwealth Act No. 613, Section 3, as amended.
  • The authority operates within the BI’s implementation of immigration removals and compliance mechanisms under Commonwealth Act No. 613.
  • The Circular references Commonwealth Act No. 613, Section 43 (Removal of Indigents) in relation to the removal framework for indigents.

Purpose and policy direction

  • The BI promotes sustainable voluntary return for overstaying foreigners.
  • The BI provides alternatives to holding the physical custody of overstaying foreigners.

Assisted Voluntary Return Program coverage

  • Visa-required foreigners who overstayed and applied for updating of their Temporary Visitor Visas (TVVs) may be allowed to proceed under the program rules in Section 2.
  • Non-visa required foreigners who overstayed and applied for updating of their TVVs may be allowed to proceed under the program rules in Section 3.
  • Indigent/distressed overstaying foreigners who desire to voluntarily return may apply under Section 5.
  • Foreigners found to be overstaying by virtue of a complaint or Mission Order are governed by Section 7.

Visa-required overstayers: update with conditions

  • Visa-required foreigners who overstayed for more than twenty four (24) months but less than forty eight (48) months and applied for updating of their TVVs may update with ORDER TO LEAVE, provided that:
    • Their total stay is less than forty eight (48) months, computed from the applicant’s latest recorded arrival.
    • They pay updating fees and penalties computed by the Visa Extension Section.
    • They pay an Immigration Arrears Clearance Certificate (IARC) fee.
    • They pay an express lane fee.
  • Visa-required foreigners who overstayed for more than forty eight (48) months or whose situation does not fall under Section 2(1)(a) and (b) may update with ORDER TO LEAVE and INCLUSION OF THEIR NAMES in the BLACKLIST, provided that:
    • They pay updating fees and penalties only.
    • They submit their respective NBI clearances.

Non-visa required overstayers: update with conditions

  • Non-visa required foreigners who overstayed for more than thirty six (36) months but less than sixty (60) months and applied for updating of their TVVs may update with ORDER TO LEAVE, provided that:
    • Their total stay is less than sixty (60) months, computed from the applicant’s latest recorded arrival.
    • They pay updating fees and penalties.
    • They pay an IARC fee.
    • They pay an express lane fee.
  • Non-visa required foreigners who overstayed for more than sixty (60) months or whose situation does not fall under Section 3(1)(a) and (b) may update with ORDER TO LEAVE and INCLUSION OF THEIR NAMES in the BLACKLIST, provided that:
    • They pay updating fees and penalties only.
    • They submit their respective NBI clearances.

Discretionary exemption from blacklist inclusion

  • The Commissioner, exercising sound judgment, may allow foreigners covered by Section 2(2) and Section 3(2) to update TVVs without including their names in the Blacklist.
  • The Commissioner’s exemption is based on circumstances including Filipino lineage, medical condition, minority, old age, contribution to the Philippine society/economy, and other analogous circumstances.
  • The Commissioner must submit a quarterly report to the Secretary containing the names and circumstances of foreigners covered by this exemption.

Indigent/distressed voluntary return application

  • Indigent/distressed overstaying foreigners who desire to voluntarily return must submit:
    • A letter request stating:
      • their latest arrival;
      • that they have fallen into financial or other distress;
      • that they have not committed any immigration violation other than overstaying;
      • their desire to voluntarily return to their country of origin or nationality; and
      • that they will leave the Philippines within fifteen (15) days from approval of the application.
    • NBI clearance, except for minors below 15 years of age.

Blacklist consequence for indigent voluntary return

  • The names of distressed overstaying foreigners who voluntarily returned to their country of origin or nationality must be included in the Blacklist.

Summary deportation for certain overstaying findings

  • Foreigners found to be overstaying by virtue of a complaint or Mission Order, regardless of the period, must be subject to summary deportation.

Processing and implementation duties

  • Within 24 hours from receipt of an application for updating TVVs under Section 2 and Section 3, the Tourist Visa Section (TVS) and concerned Alien Control Officers (ACOs) must endorse the application to the Legal Division (LD).
  • Within 48 hours from receipt, the LD must forward the draft order to the Office of the Commissioner.
  • The draft order must resolve whether:
    • visa-required foreigners fall under Section 2(a) or (b);
    • non-visa required foreigners fall under Section 3(a) or (b);
    • applicants fall under Section 4; or
    • applicants are subjects for deportation proceedings under Section 7.
  • The same 48-hour period applies to the LD’s processing of requests for voluntary return of indigent/distressed overstaying foreigners.
  • Within 24 hours from receipt of the signed Order of the Commissioner, the TVS and concerned ACOs must implement the Order, including payment of immigration fees and charges, penalties, and administrative fines of overstaying foreigners under Section 2 and Section 3.
  • The Administrative Review Division (ARD) must issue the required Exit Clearance Certificate.
  • For indigent/distressed foreigners requesting voluntary return:
    • The TVS must assess the fees otherwise collectible from them.
    • The LD must indicate in the Voluntary Return Order:
      • assessed fees and penalties;
      • IARC fee;
      • express lane fee; and
      • a cash bond in case of application for readmission/lifting of their names in the Blacklist.

Border implementation and noncompliance consequences

  • The Border Management Security Unit (BMSU) of the Port Operations Division (POD) must implement all Orders to Leave issued under this Circular.
  • The BMSU must submit a monthly report to the Office of the Commissioner and the LD on foreigners who failed to comply with Orders to Leave.
  • Failure to comply with Orders to Leave subjects erring foreigners to deportation proceedings.

Repeal and transitory effect

  • All previous issuances inconsistent with this Circular are repealed and/or modified accordingly.

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